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Articles Tagged with comparative fault

If you were injured in an accident in Carlsbad or in another incident that resulted in a serious personal injury, you may be thinking about your options for seeking financial compensation. If you were harmed in a motor vehicle collision, you could be eligible to seek financial compensation by filing an auto insurance claim before you need to move onto thinking about a lawsuit. Or, if you were injured at work, you could be eligible to obtain medical benefits and money to cover lost wages by filing a workers’ compensation claim. For other types of accidents, the first step may be to file a personal injury lawsuit against the at-fault party. 

Whether you have already gone through another claims or benefits process, or you are getting started quickly on your personal injury lawsuit, it is important to understand how comparative fault may affect the outcome of your lawsuit.

What is Comparative Fault? 

Getting hurt in a motorcycle crash in Rancho Bernardo can be devastating. When motorcyclists are involved in collisions with cars or trucks, the motorcyclist often is the one who sustains particularly severe injuries. As the Insurance Information Institute (III) explains, “motorcycles are by their nature far less crashworthy than closed vehicles,” making motorcyclists more vulnerable in the event of an accident. While motor vehicle drivers often are at fault for motorcycle crashes in Southern California, motorcyclists can also bear some responsibility for the collision. If you were involved in a motorcycle accident and you think you may have been partially to blame, you may be wondering: Should I still file a claim even if I am partially at fault? 

Generally speaking, it is extremely important to file a claim even if you think you may bear some responsibility for the crash. Yet perhaps even more importantly, you should know the proper steps for moving forward with your claim to give yourself the best chance at obtaining full compensation for your losses.

Do Not Admit Fault—Even if You Think You Might be Partially to Blame

anja-137284-300x225If you are in a car accident in Vista and file a lawsuit against the negligent driver, how will your case be impacted if the defendant says you are partially to blame for the accident? This question concerns “comparative fault,” which is sometimes known as contributory negligence or contributory fault. In short, when a plaintiff files an accident claim against the responsible party, that defendant can raise the issue of comparative fault as a defense to avoid paying the plaintiff the full amount of compensation he or she is seeking. While each state has its own laws concerning comparative fault, it is important to know that a plaintiff in California can still recover damages even if the court says the plaintiff is partially to blame.

We want to tell you more about California’s comparative fault law, and to explain how it may affect a car accident lawsuit in Vista.

California Follows a Pure Comparative Fault Rule

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